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Present
City STaff
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO, CALIFORNIA
SEPTEM BER'.18, 1972 - 7:00 P. M.
CITY HALL
Emmons Blake,.John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
Present: J. H. Fitzpatrick, City Clerk; D. Englert,
Police Captain; W.. Flory, Director of Parks
and Recreation; R. D. Miller, Administrative
Officer; R. A. Paul, Director of Water Services;
D. F. Romero, City Engineer; L. Schlobohm,
Fire Chief; A. J. Shaw, City Attorney;
R. D. Young, Planning Director.
Councilman Blake presented the members of the Bicentennial Committee
each a small plaque in commemoration of their work on the Bicentennial
Committee. The members who received this presentation were Mrs. Mary
Kennedy, Elliot Curry, Ed Davin, Mrs. Louisianna Dart, Col. William
Boyce, Harry Morris, J.. H. Fitzpatrick and R. D. Miller.
Councilman Blake thanked the members of the Bicentennial Committee for
a job well done and stated he felt this relationship between the City
of San Luis Obispo and the Mother City, San Blas, Nayarit, Mexico,
would continue long after the celebration had been forgotten.
Mayor Schwartz then presented a token to Mr. Blake as chairman of the
Bicentennial Committee from the members of the City Council and he
also thanked the full committee for ari excellent Bicentennial
celebration.
C -1. The City Council authorized payment of claims against the City
subject to approval by the Administrative Officer.
C -2A. The City Clerk reported the following bids were received for
Carpenter Street Drainage, City Plan No. 3 -73. Bids were opened at
2:00 P. M., September 18, 1972.
ENGINEER'S ESTIMATE $6,975.00
Walter Brothers Construction 6,310.00
Kleinco Construction Co. 6,688.65
Conco Contractors 7,116.25
Hi -Way Contractors 7,840.00
Ted Watkins 72160.50
R. Burke Corporation 9,160.50
The City Council accepted the low bid of Walter Brothers Construction.
C -213. The City Clerk reported the following bids were received for
Sinsheimer Ball Park Parking Lot Improvement, City Plan No. 1 -73.
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City Council Minutes
September 18, 1972
Page 2
Bids were opened at 2:30 P. M., September 18, 1972.
ENGINEER'S ESTIMATE $7,444.00
Kleinco Construdtion Co. 3,732.00
R. Burke Corporation 4,546.00
Ted Watkins 5,334.00
Harold Peterson 6,552.00
Hi -Way Contractors 6,784.00
C. S. Construction 6,890.00
The City Council'awarded the contract to the low bidder, Kleinco.
C -3. The City Council considered an agreement with the State
Division of Highways for installation of a traffic signal at Santa Rosa
Street (State Route 1) and Olive Street.
On motion of Councilman Brown, seconded by Councilman Blake, the follow-
ing resolution was introduced: RESOLUTION NO. 2374, a resolution
approving an agreement with the Division of Highways for the installation
of a traffic control system at State Route l and Olive Street and
authorizing the Mayor to execute the agreement.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
' NOES: None
ABSENT: None
C -4. A report from the STate Division of Highways on the functional
classification study for certain highways was received and filed.
C -5. Communication from the State Department of Public Works
notifying the City of a change in dates for filing for TOPICS funds
was referred to the-City Engineer for compliance.
C -6. A communication from the Division of Highways regarding the
State's abandoned vehicle abatement program was referred to the appro-
priate departments for survey and report to the Division of Highways.
C -7. The Mayor was authorized to accept and record a deed of easement
from the Nelson Family for street and utility purposes in the future
extension of Woodbridge Street.
C -8. The City Council authorized use of accumulated sick leave in
excess of two weeks to Nancy A. Blell.
C -9. The City Council approved the following salary step increases
effective October 1, 1972:
Nancy G. Brown - Account Clerk II
From Step 3 or $586 to Step 4 or $618
Yvonne E. Hampton - Stenographer
From Step 1 or $538 to Step 2 or $568
City Council Minutes
September 18, 1972
Page 3
M. Joyce Levin - Recreation Supervisor
From Step 3 or $794 to Step 4 or $840
Lane H. Wilson - Park Foreman
From Step 4 or $936 to STep 5 or $988
C -10. At the request of the property owner, the City Council con-
tinued consideration of an appeal on a notice to abate a hedge on
property owner by William Tickell, located at 390 Islay to the October
2, 1972 meeting.
C -11. The City Council approved inclusion of Mid -State Bank in the
rotation system of banking now used by the City upon completion of
their permanent facility.
C -12. The City Council denied the appeal of Jordano's, Inc. for a
waiver of penalty fees on their business license due to confusion about
the billing.
On motion of Councilman Brown, seconded by Councilman Blake, the consent
items were approved as indicated. Motion carried.
1. At this time the City Council held a public hearing on the
final passage of ORDINANCE 140. 561, an ordinance rezoning property
located along Los Osos Valley Road from R -C and PD R -C to District R -C -S.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Gurnee, seconded by Councilman Graham, the
following ordinance was introduced: ORDINANCE NO. 561 an ordinance
amending the Official Zone Map of theCity of San Luis Obispo.
Finally passed on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
2. At.this time the City Council held a public hearing on the
recommendation of the Traffic Committee for red zones on Madonna Road
at Oceanaire Drive in connection with the traffic signal installation
and channelization.
D. F. Romero, City Engineer, explained the extent of the red zone on
Madonna Road and Oceanaire. He felt this would make the traffic signal
work more effectively and he had talked with some of the property owners
who had no objection to the red zoning.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
City Council Minutes
September 13, 1972
Page 4
On motion of Councilman Brown, seconded by Councilman Gurnee, the follow-
ing resolution was introduced: RESOLUTION NO. 2370, a resolution
establishing no parking zones on Madonna Road and Oceanaire Drive.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
3. At this time the City Council held a public hearing on the
recommendation of the Traffic Committee for additional red zone on
Johnson Avenue, both north and south of Breck Street intersection.
D. F. Romero, City Engineer, presented a sketch of the work to be
completed at this location and stated that for safety's sake this red
zoning should be placed.
The City Clerk presented a protest letter on behalf of Lorrain Korntved,
1673 Johnson Avenue.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
On motion of Councilman Blake, seconded by Councilman Gurnee, the follow-
ing resolution was introduced: RESOLUTION NO. 2369, a resolution
establishing no parking zones on Johnson Avenue.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
4. At this time the City Council held a public hearing to consider
adoption of an ordinance requiring dedication of Dark land in new sub-
divisions.
A. J. Shaw, City Attorney, reveiwed the provisions of the proposed
ordinance which would require dedication or payment in lieu of
dedication of park land in new subdivisions and developments.
Mayor Schwartz declared the public hearing open.
No one appeared to comment.
Mayor Schwartz declared the public hearing closed.
Councilman Brown felt this was an ordinance that had long been needed
in the City of San Luis Obispo as he felt the developers should cooperate
in developing park land for the residents of their developments. He was
in support of the ordinance.
Councilman Gurnee supported the proposed ordinance.
City Council Minutes
September 18, 1972
Page 5
On motion of Councilman Gurnee, seconded by Councilman Brown, the
ing ordinance was introduced: ORDINANCE NO. 565, an ordinance of
of San Luis Obispo amending Article IX, Chapter I of the Municipal
establishing regulations for dedication of land, payment of fees,
both, for park and recreational land in subdivisions.
Passed to print on the following roll call vote:
AYES: Emmons Blake,.John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
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5. At this time the City Council continued its discussion of the
sewer service for County Service Area No. 18, Country Club Area.
A. J. Shaw, City Attorney, stated he had been in contact with the
County representatives and that no one would appear at this Council
meeting as the Board of Supervisors wished to review the proposed
agreement with the residents and property owners of the proposed
service area on Wednesday. The Supervisors would not take action
until after that meeting. He suggested that the City Council could
adopt the agreement authorizing the Mayor to sign when and if accepted
by the County.
Councilman Gurnee stated he was still opposed to the City accepting.
sewage from this area as he felt there were no. provisions for con-
trolling land use in the Edna Valley. He also wished to see what the
oversizing of the sewer mains would be as he felt this would be a key
to whatever control the County might make on land use. He doubted if
there was a real health problem in the Country Club Area as had been
stated by the County as in talking with the property owners another
story was told.
Councilman Blake supported the Mayor signing the agreement as the
Council had covered this agreement in detail and he felt it was fair
to both parties.
Councilman Graham felt future annexations to Service Area No. 18 without
land use control of development or on density was dangerous as the pro-
posed district would encourage growth although he agreed that if there
was a health problem in the Country Club area, the agreement should be
made.
Councilman Brown stated he would approve the agreement as the Council
had studied it for a long per.i:od of time and he felt the present agree-
ment would protect the City.
Mayor Schwartz stated he agreed with some of the fears expressed by
Councilmen Gurnee and Graham about density and land use and the poor
control exercised by the County. He stated he had been convinced that
a health problem did exist in the area and the agreement would be the
best way to solve the problem. He also felt the present agreement
would protect the City of San Luis Obispo.
On motion of Councilman Blake, seconded by Councilman Brown, that the
Mayor be authorized to sign the agreement for Service Area No. 18 as
this was the City's best offer on the matter. The Mayor would be
authorized to sign after the Board of Supervisors approved the agreement.
Motion carried with Councilman Gurnee voting no.
City Council Minutes
September 18, 1972
Page 6
6. W. Flory, Parks and Recreation Director, presented a report from
the Parks and Recreation Commission stating they had studied the County's
offer to give Cuesta Park to the City and they recommended that this
park remain under the County's control. The Commission felt that if the
boundaries of the City were changed in this area, the matter should then
be considered.
The City Council discussed this recommendation to reject the County's
offer to allow the City to own Cuesta Park.
On motion of Mayor Schwartz, seconded by Councilman Blake , that the City
Council concur in the recommendation of the Parks and Recreation Commission
not to accept Cuesta Park at this time. Motion carried.
7. The City Council discussed a communication from the Parks and
Recreation Commsisio6 for permission to retain a local architect to plan
an addition to the Senior Citiznes' Center on Santa Rosa Street to
accommodate an expanded recreational program.
W. Flory reviewed the type of facility the Parks and Recreation Commission
wished to have in the new addition.
Mayor Schwartz appointed a Council subcommittee to screen architects and
architectural firms for this task. The members of the subcommittee were
Councilman Brown, Chairman; Councilman Graham; W. Flory and D. Van Harreveld
or his designee.
o. At this time, the City Council considered the request of
Josephine Eisen, 870 Monterey Street, to allow her to continue to park
on an all -day basis in Parking Lot No: 11 behind her apartment due to
her age and poor health.
The City Council discussed the precedent this might raise but felt that
with the change in time limits in the parking lot quite a hardship was
placed on this elderly lady.
On motion of Councilman Graham, seconded by Councilman Gurnee, that the
City Council allow a monthly parking certificate for one space for
Mrs. Eisen for medical reasons at a fee of $4.00 per month, to be issued
for only one car for Parking Lot No. 11. Motion carried.
9. At this time the City Council considered the request of
Grassroots II for the City to provide an additional six months funding
for their operation as they have been unable to raise sufficient funds
locally and that until they are incorporated as a non - profit organization,
many firms did not wish to contribute to them. They asked for con-
tinuation of the monthly support from the City Council so this important
program could be maintained for the low income residents of the City.
Kenneth Nunn explained that the incorporation papers had been held up
at the Secretary of State's office due to the fact that the staff in
Sacramento had been reviewing initiative petitions for the November
election.
Councilman Graham supported the request of Grassroots II for funds as
he felt they did an excellent job.
Councilman Gurnee supported the request for funds as this group pro-
vided services that no other agency offered.
Councilman Blake suggested that the City support Grassroots II for three
months or until their incorporation was approved and Federal funds be-
came available.
City Council Minutes
September 18, 1972
Page 7
Councilman Gurnee felt that the City should give Grassroots funding for
an indefinite period of time as the funds were needed.
Councilman Blake felt an indefinite period of support was wrong as
Grassroots would come to rely on the City and would not hold other fund
raising projects.
Councilman Graham suggested that the City fund Grassroots II for two
months after incorporation was completed.
Councilman Brown felt this suggestion was reasonable but he was afraid
to see the City fund Grassroots II on a continuing basis. He felt a
four month maximum would be sufficient.
Councilman Graham suggested that the City should refer this matter to
the Human Relations Commission for recommendation and see if they would
endorse the program of take Grassroots II on as one of their projects.
Councilman Gurnee felt this was a good program which should be supported
for at least six months after incorporation.
Mayor Schwartz felt Grassroots II was a good program and performed a
needed function within the City. He stated he would support a six
month extension with a final date for cut off of funds. He felt the
request of $600 per month for six months was reasonable and that he
could support the request. He felt the citizens of San Luis Obispo
were being well served at a low cost per capita.
On motion of Councilman Blake, seconded by Councilman Gurnee, that
Grassroots, I l -be :funded for `s iX .months__.from Oc_tob_er_.. 1 , 1972 through
March.31, 1973 with the Mayor authorized _ to sign the extension
agreement. Motion carried unanimously.
9A. On motion of Councilman Blake, seconded by Councilman Gurnee,
the following resolution was introduced. RESOLUTION NO. 2368, a
resolution increasing the 1972 -73 budget.
Passed and adopted on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
10. A. J. Shaw, City Attorney, presented for the Council's in-
formation and consideration, an amendment to the Municipal Code
pertaining to the adoption of an ordinance abating nuisances such as
illegal structures, junked automobiles, accumulation of trash and
debris, and illegal signboards. He explained that at the present
time this type of violation must be handled through the criminal
procedures and that the courts did not look with favor on criminal
charges for administrative responsibilities and that this type of
ordinance would be a benefit to the City. He reviewed the provisions
of the ordinance for the City Council's information.
Mavor Schwartz asked if anyone in the audience was interested in
discussing the matter.
There was no response.
City Council Minutes
September 18, 1972
Page S
On motion of Councilman Gurnee, seconded by Councilman Blake, the follow-
ing ordinance was introduced: ORDINANCE NO. 564, an ordinance amending
the Municipal Code of the City of San Luis Obispo by adding Chapter 4 to
Article IV, pertaining to the abatement of public nuisances and the
assessment of costs of abatement.
Passed to print on the following roll call vote:
AYES: Emmons Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
11. L. Schlobohm, Fire Chief, presented for the Council's consider-
ation an ordinance adopting the 1971 edition of the Uniform Fire Code
which would put San Luis Obispo in line e4ith most progressive cities
for having a fire code approved by both the Western Fire Chiefs'
Association and the International Conference of Building Officials.
D. Kaye, Fire Marshal, reviewed the provisions of the ordinance for the
City Council and stated that the major change involved the storage of
gasoline above ground which now would require all storage tanks of
fifty -five (55) gallons or more to be underground. He stated that all
operators of bulk plants within the City had been notified of the pro-
posed changes which were being presented to the City Council at this
meeting.
On motion of Councilman Gurnee, seconded by Councilman Graham, the follow-
ing ordinance was introduced: ORDINANCE IVO. 566, an ordinance amending
portions of Article III, Chapter 1, Part 2, of the San Luis Obispo
Municipal Code, to adopt the 1971 edition of the Uniform Fire Code together
with amendments and additions thereto, and repealing all ordinances and
parts of ordinances in conflict therewith.
Passed to print on the following roll call vote:
AYES: Emmons:Blake, John C. Brown, Myron Graham,
T. Keith Gurnee, Kenneth E. Schwartz
NOES: None
ABSENT: None
The hearing was set for November 6, 1972, for final passage.
12. The minutes of the Design Review Board meeting of September 5,
1972, were received and filed.
12A. Discussion of a sign exception for Kimball Motor Company was
continued.
' 13. D: F. Romero, Citv Engineer, presented plans and specifications
for improvement of Parking Lot No. 9 and explained the scope of the work
to be accomplished in the lot at an estimated cost of $10,515 which
would include sprinklers and landscaping.
On motion of Councilman Gurnee, seconded by Councilman Brown; the plans
and specifications were approved and the City Engineer was authorized
to call for bids. Motion carried.
City Council Minutes
September 18, 1972
Page 9
14. The City Council received a communication from the City of
Torrance regarding its legal problem with Southern California Edison
placing 100 foot high transmission towers on the City streets and
asking the City Council to support their position at the annual League
of California Cities meeting.
On motion of Councilman Gurnee, seconded by Councilman Blake, that the
City Council support the position of the City of Torrance and that a
letter be sent to them telling of the City's support and that a copy
of the letter also be sent to the PUbois Utilities Commission. Motion
carried.
15. On motion of Mayor Schwartz, seconded by Councilman Gurnee,
discussion of a request from Robert E. Williams for issuance of a
grading permit for the Curci property on Los Osos Valley Road and
discussion of a letter from the League of Women Voters was continued
due to late arrival of a portion of the information. Motion carried.
16. Councilman Gurnee presented a report from the Transportation
Subcommittee (Councilmen Graham and Gurnee) and stated they had several
meetings and felt the City should move ahead on this matter of public
transportation without further detailed studies. They recommended that
the City Council appoint a public transportation commission with a
specific charge and deadline date for a report as to their study. Some
of the items they should study.wo0l.dAbei 1'(1) A City`.owned - and operated
system; (2) A City transit authority operating such a system; (3) a City
transit authority closely administering the terms for granting and
retaining a franchise to operate such a system; (4) A public service
corporation to operate such a syste; and (5) a privately owned and
oeprated system, setting its own standards and practices.
R. D. Miller, Administrative Officer, reminded theCity Council of the
charge originally given to the subcommittee on this matter.
The City Council reviewed the report and discussed the recommendations
of the subcommittee and what would be the best approach for employing
the recommendations.
The matter was referred to the subcommittee to develop a specific
charge for the commission, the number of members of the commission
and the length of time the commission should function.
17. The City Council received a communication from Robert R. Dodd
asking that tFe.City Council RECONSIDER ITS DECISION ON HIS PROPOSED
DEVELOPMENT ON SWAZEY STREET and that he would install the required
water line and hydrant as recommended by the Water Department Director
less the credit for the existing four -inch line.
The Council received a memorandum from the Fire Chief stating he had no
objections to Mr. Dodd using the existing four -inch line for construction
of his property but that no certificate of occupancy would be granted
until the eight -inch line had been installed to the satisfaction of
the City.
A. J. Shaw, City Attorney, submitted a report stating that in all cases
where the amount of public work exceeds $2,000 and the City sould pay
at least $2,000, the City must submit the project to public bid even
though the majority of the work is to be paid by a private developer.
He also felt there was no legal reason for the City to credit developers
for over sized pipes for existing water lines as this might be considered
a gift of public funds so that in each case the City Council must find
that this gift of public funds serves both a municipal and public purpose
and the purpose must be stated for the record.
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City Council Minutes
September 18, 1972
Page 10
The City Council discussed with the City Attorney the implications of his
legal opinion on the City granting credit for oversized pipe or existing
water line retirement.
R. Dodd stated that when the units had been moved and the work completed,
they would not be ready for occupancy until December 1972.
On motion of Councilman Blake, seconded by Councilman Brown, that the
extension of the eight -inch line was in the public interest and served
a public purpose to wit: fire protection for structures and was needed
for the protection of the area and that R. E. Dodd be allowed to move
the buildings with construction water on the four -inch main with a
hold - harmless clause in case of fire loss, that the Water Director be
authorized to call for bids for construction of the water line and that
the occupancy certificate be issued after the eight -inch line was
installed and was operational. Motion carried.
A. J. Shaw was asked to work with the appropriate staff in defining
policies under which the City would offer assistance on line extensions,
reducements, etc.
18. The City Council discussed a communication from Hilda J. Roza,
704 Mission Street, regarding problems involving drainage and traffic
at her property at Mission and Broad Streets.
The matter was continued to the October 2 meeting in order to give the
City Council an opportunity to inspect the property.
19. D. F. Romero, City Engineer, informed the City Council that he
' had sought informal bids for the safety equipment which was now required
for construction equipment owned by the City. He had estimated the cost
at $4,200 and had received informal bids from several suppliers but the
companies were not consistently low on all items and none of them wished
to provide just the item on which they were low bidder. He requested
permission to call for formal bids for the acquisition and installation
of the safety equipment.
On motion of Councilman Graham, seconded by Councilman Brown, the City
Engineer was authorized to call for bids. Motion carried.
10:40 P.M., Councilman Gurnee left the meeting.
20. The City Council adjourned to executive session.
21. On motion of Councilman Blake, seconded by Councilman Brown, the
meeting was adjourned. Motion carried.
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APPROVED: November 6, 1972
ZPATRIC, CITY CLERK